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California Subpoena - Deposition Officer and how do I actually receive the records?

Oakley, CA |

I am subpoenaing my Ex Spouses bank statements. I have my Consumer Notice and Subpoena for Bank of America all ready to get stamped by the File Clerk. I understand all about serving, days and timing. I'm a little unsure of a couple of issues, mainly the Disposition Officer and receiving the statement.

1) Can my friend be the Deposition Officer or does it have to be a licensed D.O.?

2) If it is not a licensed D.O. on the Subpoena can the Bank reject it?

3) How do I actually GET the bank statements I'm subpoening? Are they sent to someone like a legal copy service or a D.O. and I get them from them?

4) Do I fill out the Proof of Service with the Bank Manager's name and address for the actual Subpoena I am serving them? (I know they get a copy of the Consumer Notice and THAT P.O.S.

Attorney Answers 3


  1. 1) They have to be a professional photocopier (or a lawyer) See CCP section 2020(d)(3), which also provides that "Any objection to the qualifications of the deposition officer is
    waived unless made before the date of production or as soon thereafter as the ground for that objection becomes known or could be discovered by reasonable diligence."

    2) See #1.

    3) Yes, the witness mails them, or they may call your DO to arrange faxing or emailing or some other arrangement.

    4) Address your subpoena to the bank's custodian of records and fill out your POS for someone else to serve. You're a party so you need to get someone else to serve these documents, and make sure to serve the opposing counsel or party.

    PLEASE READ THIS BEFORE YOU COMMENT, EMAIL ME OR PHONE ME. I'm only licensed in CA. This answer doesn't make me your lawyer, and neither do follow-up comments and/or emails and/or phone calls, and you shouldn't expect me to respond to your further questions if you haven't hired me. We need an actual agreement confirmed in writing before any attorney-client relationship is formed. This answer doesn't constitute legal advice, and shouldn't be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.


  2. Attorney Koslyn's response is accurate.

    The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.


  3. Attorney Koslyn's response is accurate.

    The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.